Soames v R [2021] NZCA 583 (5 November 2021)

Last Updated: 9 November 2021

IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA

CA621/2021 [2021] NZCA 583

	BETWEEN	TAIMANA NORTON SOAMES Appellant
	AND	THE QUEEN Respondent

Hearing:	3 November 2021
Court:	Kós P, S France and Katz JJ
Counsel:	R M Mansfield QC for Appellant R L Mann for Respondent
Judgment:	5 November 2021 at 9.30 am

JUDGMENT OF THE COURT

1. The appeal is allowed.
2. The appellant is admitted to electronically monitored bail on the following conditions:

(a) To reside at the address stated in [4.1] of appellant counsel’s submissions, 24 hours per day, seven days per week unless working between the agreed hours and or pursuant to any approval has been given by the Department of Corrections EM Bail Team. Further, not to move address without prior written approval of a Department of Corrections EM Bail Team member;

(b) To travel directly to that address in the company of a family member, to be specified, by car, without any unnecessary stops upon release from court/prison;

(c) To attend any counselling/programmes or treatment as approved by the Department of Corrections EM Bail Team;

(d) To attend all government agency appointments as approved by the Department of Corrections EM Bail Team;

(e) To attend any legal appointments as approved by the Department of Corrections EM Bail Team;

(f) To attend any medical/dental/hospital or specialist appointments as approved by the Department of Corrections EM Bail Team;

(g) To attend employment approved by the Department of Corrections EM Bail Team. Absences to be arranged prior with the Department of Corrections EM Bail Team;

(h) To attend to any household or grocery shopping requirements as approved by the Department of Corrections EM Bail Team;

(i) To attend any banking requirements as approved by the Department of Corrections EM Bail Team;

(j) Not to possess, consume or use drugs (excluding medication prescribed to you). The appellant is to submit to drug testing as required by the New Zealand Police, to attend any specified premises for such testing at the time and date required by the New Zealand Police and to supply a urine sample for the purposes of analysis of that sample as evidence of consumption or use of drugs;

(k) Not to threaten or use violence;

(l) Not to contact directly or indirectly any witnesses of the alleged offending; and

(m) To surrender any passport to the Registrar at the Auckland High Court within seven days and not apply for a new passport.
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[Reasons to follow]

Solicitors:
Crown Solicitor, Hamilton for Respondent